Diener NO v Minister of Justice and Others

Case Number:
CCT03/18
Citations:
[2018] ZACC 48
Citations:
2019 (2) BCLR 214 (CC)
Citations:
2019 (4) SA 374 (CC)
Judge:
Khampepe J
Hearing Date:
6 September 2018
Judgment Date:
29 November 2018
Case History:
Application for leave to appeal against the judgment and order of the SCAupreme Court of Appeal which dismissed the applicant’s appeal: Diener N.O. v Minister of Justice and Others (926/2016) [2017] ZASCA 180; [2018] 1 All SA 317 (SCA); 2018 (2) SA 399 (SCA) (1 December 2017). The case was previously heard in the Pretoria High Court: Diener NO v Minister of Justice and Others (30123/2015) [2016] ZAGPPHC 1251 (2 March 2016).
Synopsis:
Companies Act – Chapter 6 – sections 135(4) and 143(5) – business rescue proceedings – interpretation – during liquidation – super preference Insolvency Act – section 89(1) – ranking of claims – business rescue practitioners – secured creditors and unsecured creditors Leave to appeal refused – plain reading – purposeful and contextual reading
Judgment:
Full judgment

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